MAGISTERIAL.

Ashburton Guardian, Volume XXXVIII, Issue 2732, 30 July 1915, Page 4

MAGISTERIAL.

ASH BURTON—THIS DAY.

(Before Mr V. G. Day, S.M.)

Loitering on the Footway.

The police . proceeded against "John Tully, tanner, for standing on the fo t.p'a'th after having been requested by p constable to move on. The defendant pleaded not guilty. Senior-Sergeant Emerson said that .tho ease was brought under the Borough by-laws. He had given the constables instructions to pay particular attention to crowds congregating at street corners on market and other

days. Constable "\V. H. Toapc said that he had asked tho defendant to move on two or three, times, but he had refused and had static! to witness that ho had no authority to request him to.move on. The defendant stated that when asked by the constable on_the first occasion to move on, he had not taken much notice., - The'^second time the constable had spoken t'6' him he had moved round into Burnett Street, a distance, of six or seven yards. The constable had then asked - for his name and address, else, he said, he would, take him to the station. He did not know he .was- breaking the by-law; ho was sorry if he had done so. .. .."... : .' Sergeant Emerson said he did not press for a penalty. He simply wanted the public to know that they could, not loiter on the' footway at the street corners, to the -obstruction of pedestrians; The defendant was convicted and discharged. Drunkenness. ! Albert Rernmington Lusfc was i charged, with drunkenness. j The defendant made no appearance, and was fined 5s and costs (7s); in default, 48 hours' imprisonment. By-law Cases. Arthur R. V. Morten was charged with driving a motor-car aicny, East ! Street at a greater pact; than the by- I law permits.—A fine of 40s and costs ' (7s) was inflicted. . ■ i ..■ ,"■■■■■ , _ .Robert Church was . charged with .cutting the road-up by putting "shoes" oil ;i iraction engine.—The County Council's inspector gave evidence, and tho 'defendant was fined 40s and costs "(7«)V . . . ■ . , For cycling at night-time without a light, Charles MeSvveeney, George Culvorliou.se, and John Frederick -Elston, who ouch made no appearance, were separately lined lO.s and costs. Arthur Peterson, was convicted und discharged , [for si similar offonco..

A. JKarah was proceeded against by the Ashburton ,Connty Council for carrying on trade in the County without a license.—Referring to the point previously raised by the Magistrate, that the; Council had fixed preferential hawkers' license fees in favour of its own inhabitants, Mr C. W.. PurnelL, (County '.Council-solicitor) said 'that he considered such a by-law was perfectly valid. It ..was reasonable, ho contended, for tlie Council to ask a heavier fee from a hawker in a large way of business than from one in a^small way. There was nothing in the Counties Act requiring a. Con noil to impose uniform license , fees, lie wanted to establish that the Council had the power to impose differential license fees. He had not been able to find another caso .similar in point'to the- one at issue.—Tlie Magistrate said that tho Council had no .'jurisdiction over Hampstead, Tinwald, or Christchurch. for the matter of that, and therefore it was not reasonable to discriminate against the residents of those places in favour of the County proper residents. Preferential treatment was not reasonable.—Decision was reserved.

Obtaining Money by; False Pretences

Rachael Clark Reid, a girl of 19 years of ago, was charged by the police with obtaining money under false pretences, to wit, by. issuing a valueless cheque to one Robert Galbraith.

Senior-Sergeant Emerson said that oil the ,15th of the present month tho accused came in from Greenstreet, where she had been working for a Mr Shearer. Some days before she had secured a blank cheque from her employer's, cheque-book, had filled it in for .tO ss, and had signed it. Coming in to' Ashburton, she had gone to the Somerset Hotel and had asked Mr Galbraith to cash it. He had not taken much notice of the girl, but as he know Mr Shearer, he had cashed the cheque. ' When he sent the cheque to the bank it had -been, returned marked " signature irregular." A few days after, Mr .Galbraith had seen Mr Shearer and had. spoken to him about the matter, and it had been decided to put the case in the hands of the police. On Sunday las.t witness and Constable Kidd had gono out to Greenstreet to see the accused, and ,s!ie had denied all knowledge of the cheque, the signature, and the cashing of it, but labor on she had admitted doing all those things. In explanation of her act she had said that an Ashburton firm had been pressing her for a debt of £4, and she wanted the money to pay the debt. She had also stated that she owed another firm a sum of ahout £2, but it had been found rhat she had only paid about £3 off the iM.-debt and £1 out of the £2 she owed. She received 15s per week in .wagess, and up to to-day had still been employed by Mr Shearer. She could not remember how she had spent the rest, of the money.

Tho T;ither of the girl appeared in Court. He said. lie bad no idea what had caused the. girl to do what sho had doni>. She had never given her parents any trouble before

Tlie .Magistrate said if he sent her to a Home he could not compel lier to stay there.

A. J. .Marshal!, an officer of the Salvation Army, aslced the Magistrate to deal a^ leniontly as be possibly could willi i lie «irl. He said he thought he coul(l keep in touch with her. In'answer to the Magistrate, the accuv»d said sho had not realised what she was doin«; until after she had done it.

Tlie case was adjourned for sis month 1-, it being .understood that the money is to be refunded by instalments, i oi' 10s per wix,'k, the mon^y to ho paid into Court. Judgment by Default. Judgment for plaintiff, by default, including costs, was <.mvoii in t.ho following case :—.John Qvr and Co*, v. Tlimiiaw K. Scott, ,Cl 9 6s Sd. An Adjourned Case. In iln- case in which Joseph Thomson (Mi H. C. Orbell), of Mayfield, labourer, claimed from William Gnl- ! lather (.Mr Rnchatian), of Mayfield, farmer, .t Mini of CS 10s, allowed to bo due .iiirl owing ;,s wages application m;is mii'lr for :i rlmngc ( il venue from i AsblMirt.oM to iVieMiven.

Mr Huchannn said that t.ho plaintiff

had been engaged, to work, at DoubleHill, and it was there that he had been dismissed. The manager of the Double Hill station would ibo required I to give evidence, and it would be a. three days! journey for him if he was required to give evidenco at Ashburton. • ; ,

Mr Oiboil. : said that both "plain tiff and defendant lived .at .Mayfield, and the contract was entered into at Mayfield. Thel, .plaintiff worked for some months at Mayfield, and then he was sent to Double Hill, to work for four or five weeks..'-He was then seiU back again to Mayfield. The plaintiff was engaged at Mayfield'and discharged at Mavfield.

.The Magistrate said he would hear the case at Ash burton next Court day, and if' 1 he found that the contract had l>e?n made at Double Hill, then the plaintiff would be ordered io pay tho cost of bringing the manager of Double HfJl to Ashbiirton.